The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-05-08
F0GARTY FOUND GUILTY
RECOMMENDED BY THE JURY TO
THE MERCY OF THE COURT.

ASIGS -AibCf EttOlLlS OlIl1ST anu w I'LL
out Being Out an Hour and Half
Mr. Melerin to Move for New Trial
The Prisoners Bond Fixed at
$1,000.
There was no noticeable change in Thomas
Fogarty when he was brought into the SUI
psrior Court yesterdayhnorning at Q O'Clock,
from his appearance on either of the other
two days of the trial He looked just as lie
did on Thursday, on Friday and during his
first trial
At no time has he looked bright, but on
the contrary rather dull, with his eyes cast
down on the floor the most of the time. His
favorite position was half leaning over, rest
ing his head on his hnnd. Now and then he
ventured a glance around at the jury or the
lawyers. To all appearances he maintained
a stolid indifference to what was going on,
although he was probably paying close at
tention to what was being said He rarely
spoke to either of his lawyers, who invari-
ably consulted with Mr.. Richard Fogarty,
the prisoners father, when certain points
arose.
THE PRISONERS CONDITION
The court reconvened at 8 O'Clock The
first thing after the minutes were read Mr..
duBignon moved to have the case reopened
for the admission of additional evidence
Mr. Meldr'im for the defendant objected on
the ground that both sides had announced
closed on Friday afternoon before the
prisoner had the fit. The Solicitor General
insisted that the court would be but properly
exercising its discretion by granting the
State an opportunity to show, if possible,
that Fogarty was feigning on the afternoon
before when he fell back in an apparent fit.
After a short adjournment Judge Adams
granted the motion, an exception being
taken by Mr. Meldrim.
Mr.. duBignon then called DR. William
Duncan, who was sworn. The physician
stated that he went Immediately to the
court house Friday afternoon upon receiv-
ing message from Judge Adams The
witness found Dr. Warning already there
Fogarty was lying ON the floor, his head
being supported by his father.
THE MEDICAL TESTS.
The doctor said that he took a lighted
candle and held it close to Fogarty's ewes.
The pupils contracted and expanded. show
ing that the patients brain was sensible and
not in an unconscious STATE. Fogarty's
pulse was beating about 100 a minute That
acceleration might have resulted from men
tai excitement.
The doctor saw no evidence of any froth-
ing at mouth. There was a very small
abrasure at the tip of the tongue. The wit
ness has seen quite number of cases of epf
lepsy, but could not recall an instance where
the convulsion was not followed by stupor
The witness never saw a case of epilepsy
where there was no frothing at the mouth.
Epilepsy and insanity are very different
added the witness
On cross-examination DR.. Duncan stated
that epilepsy varies in nearly every case. In
general, epilepsy impairs the brain. If the
pffor1c
become an imbecile. Epilepsy is not heredi-
tary, the witness remarked. Mr.. Meldrim
read from several medical authorities to the
effect that a predisposition to epilepsy is
hereditary. The witness called attention to
the fact that a predisposition is one thing
and disease another. One may be heredi-
tary and the other not.
AN ATTACK OFF EPILEPSY.
81 think it quite probable that the pris-
oner had light attack of epilepsy yester-
day. said the doctor. He did not seem
Frustrated when reached him
On the redirect examination DR.. Duncan
stated that a sufferer who has the grave
form of epilepsy one day has the grave
form the next attack. He does not have
the grave type one day and the mild the
next
1t soon became evident that Mr.. duBienon
was beat upon making the doctors lock
horns, if possible For the purpose of get
ting an expression on a statement made by
Or. Warning on Friday the Solicitor asked
DR.. Duncan:
''What do you think of the statement
that every epileptic is more or less insane
and dangerous factor in societyp
II do not believe it, and do not believe it
can be substantiated by facts or authori
ties" was the reply.
Shave you ever encountered fine intel
lects that were subject to epilepsy"
II most certainly have
Deputy Sheriff Jones Franklin was next
sworn He stated that he noticed a slight
froth or saliva around the prisoners mouth.
The witness saw slight discoloration in
fogartys face.
DIR. WARNINGS TESTIMONY.
DR. j. J. Waring stated that he saw no
physician in the room when he arrived.
Fogarty was lying in astupor on his fathers
lap. The prisoners tongue looked as if il
had been bitten. The witness stated that he
thought Fogarty had had an epilectic at
tack. The doctor termed Fogarty an
epileptic idiot.
Mr. Richard FogaIty stated that if his
son ever had an epileptic attack the fit he had
in the court room on Friday was one.
DR.. Geo. II. Stone was sworn and asked
by the Solicitor a hypothetical question
concerning Fogarty's case, and replied that
the act Of such a man would be man per-
forming logical deductlon, ana ne beneYed
that a man performing logical deduction
was sane,
DR.. Stone was examined at length with a
view Of showing that Fogarty, in running
away, disproved any suggestion Of idiocy
or insanity. He was the last witness, and
as soon as he had stepped down the Solicitor
General cited the law points whichhe would
argue in his speech.
Mr.. MELDRIM's ARGUMENT.
Mr. Meldrim followed with lengthy and
exhaustive speech. He rested his case
plainly upon two poins: sympathy and the
plea that Thomas Fogarty's mind had
become so impaired by epilepsy that he
could not distinguish between right and
wrong when he fired the shot, and was,
therefore, irresponsible. Counsel drew
strong picture OF the prisoners misfortune
and his suffering for the past three years.
Anywhere, at play or at work, he would be
seized with fit and fall senseless to the
ground Gradually his mind became more
and more blank and his disposition more
and more surly.
THE INSANITY QUESTION
Mr.. duBignon opened by reviewing all
the Supreme Court decisions from Third
Georgia down to the last term of tho Su-
preme Court ON the subject of insanity. In
reviewing the pvidanoe he dweIt eSpacinlly